You’re scrolling through Instagram or browsing online and suddenly you see it—a business using your brand name.
It looks suspiciously similar. Maybe the logo isn’t the same, but the name is. You pause. Is it just a coincidence, or is someone really copying your brand? For any creator, entrepreneur, or business owner, this moment brings a mix of confusion, anger, and panic.
You’ve spent time and effort building something of your own. And now someone else is riding on it?
First, take a deep breath. This is frustrating, but not uncommon. The good news is: Indian law does offer you protection. But before jumping into action, it’s important to figure out if what’s happening actually counts as brand name infringement—and if so, what you can do about it.
Just because someone is using a similar or identical name doesn’t always mean it’s legally wrong. For example, two businesses with the same name but operating in completely different industries might not be in violation of trademark law. Indian courts look at a concept called “likelihood of confusion”.
This means whether the average person is likely to mistake one business for another based on how similar the names, products, and services are.
To assess whether it’s a case of infringement or just unfortunate overlap, consider these factors:
| Question to Ask | Why It Matters |
| Are they offering the same or similar products/services as you? | Trademark law protects brands within specific categories, so overlapping markets matter. |
| Is your brand name registered as a trademark? | A registered trademark gives you stronger legal rights under Section 29 of the Trade Marks Act, 1999. |
| Is the copied name identical or deceptively similar to yours? | If yes, and it causes confusion, it may qualify as infringement. |
| Are consumers likely to mistake their brand for yours? | This forms the core of proving infringement or passing off. |
Think your brand name is safe just because you filed for it? Find out how to protect it from misuse—even on social media.
If your trademark is registered, you can directly claim infringement under Section 29 of the Trade Marks Act, 1999. This section prohibits any unauthorized use of a registered trademark in a way that’s likely to confuse customers or dilute your brand identity.
If it’s not registered, you can still take action under the common law remedy of passing off, which protects businesses that have built reputation or goodwill even without formal registration.
Once you’ve confirmed that there’s a real problem, the first step isn’t filing a lawsuit. It’s gathering solid evidence. You’ll want to document how and where the other party is using your brand name.
Take screenshots of their website, Instagram profile, online listings, packaging, or anything else that shows the misuse. Make sure you include dates and URLs or physical addresses.
Alongside this, prepare your own timeline. Show when you started using the brand, whether your trademark application was filed (if any), and how your brand has built a presence—whether through social media, domain names, invoices, or sales receipts.
Once you’re confident about your position and have your documentation ready, you can try reaching out to the other party. In many cases, people aren’t even aware that they’re infringing.
A polite but firm email or letter explaining your prior use and asking them to stop can go a long way. If that doesn’t work, you may consider sending a formal legal notice.
If reaching out to the other party didn’t resolve the issue, or if they refused to stop using your brand name, don’t worry—there are stronger legal options available. The action you take next will depend on whether your trademark is registered or not.
If your trademark is registered, you have the right to file a trademark infringement suit under Section 134 of the Trade Marks Act, 1999. This allows you to take the matter directly to a District Court or High Court.
If you win the case, the court can order the infringer to stop using the name, pay damages, and even hand over all materials that carry your brand name (like packaging or labels).
If your trademark isn’t registered, you can still file a passing off case. While it may require more evidence to show that you’ve built goodwill in the market, Indian courts do offer protection in such cases, especially when the copied name is clearly affecting your business.
Here’s a quick comparison of your legal options:
| With Registered Trademark | Without Registered Trademark |
| Can sue for infringement under Section 29 | Can sue under common law for passing off |
| Strong legal presumption in your favour | Need to prove goodwill and damage |
| Can claim damages, injunction, legal costs | Remedies depend on proof of business impact |
Got a reply from the Trademark Office you don’t understand? Learn how to handle a trademark objection reply step-by-step here.
However, legal cases take time and money. If you want a quicker fix, there are non-litigation options that can be equally effective—especially when the infringement happens online.
You can file complaints with platforms like Instagram, Facebook, Amazon, Shopify, or YouTube using their Intellectual Property Violation forms. These platforms usually respond within a few days and may remove the infringing content or page, especially if you attach proof of registration or show clear use of the brand before the other party.
Other helpful steps include:
- Filing a takedown request with domain hosts if someone is using a website that copies your brand name.
- Informing payment gateways (like Razorpay or Paytm) being used by the infringer.
- Filing objections with the Trademark Registry if they’ve applied to register your brand name.
To avoid future problems, the best solution is to register your brand name and logo as trademarks early. This gives you solid legal ground from the start and deters others from copying. You can also set Google Alerts for your brand name and monitor new domain registrations or business listings.
Infringement can feel personal, but with the right tools and calm steps, you can reclaim your brand identity. The law is on your side—use it smartly.
FAQs
1. Can I take legal action if my trademark is not registered?
Yes, you can file a passing off suit under common law if you can prove prior use, reputation, and customer confusion.
2. What if the other business is using my brand name in a different state?
If the goods/services are similar and there’s a chance of confusion, you can still take action, regardless of their location in India.
3. Do I need a lawyer to send a cease and desist notice?
Not necessarily. You can draft and send one yourself, but having a lawyer can add legal weight and precision to your notice.
4. How long does a trademark infringement case take in India?
It varies, but typically it can take 1–3 years. Interim relief like an injunction can be granted much earlier, often within weeks.
5. Can I stop someone from using a similar Instagram handle or website domain?
Yes, especially if it causes confusion with your brand. File complaints with the platform or domain registrar with proof of your trademark or prior use.
If you want to save money and file yourself, this DIY guide to trademark registration without a lawyer might be exactly what you need.
